Andree S. v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of Michigan adopts a magistrate judge’s report and recommendation in a Social Security case. The court grants the plaintiff’s motion for summary judgment, denies the Commissioner’s motion, and remands the matter for further consideration under sentence four of 42 U.S.C. § 405(g).

Holdings

1. Because neither party filed objections within the prescribed fourteen-day period, the parties forfeited their right to appeal the magistrate judge's findings.
2. The district court may adopt an unobjected-to report and recommendation after reviewing it for clear error, and the court adopted the report in full because it found no clear error.
3. Plaintiff's motion for summary judgment was granted, the Commissioner's motion for summary judgment was denied, and the matter was remanded for further consideration under sentence four of 42 U.S.C. § 405(g).

Questions Presented

1. Whether the district court should adopt the magistrate judge's report and recommendation when neither party filed objections.
2. Whether plaintiff's motion for summary judgment should be granted, defendant's motion for summary judgment denied, and the Social Security matter remanded under sentence four of 42 U.S.C. § 405(g).

Disposition

reversed_and_remanded